MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

March 9, 2004

1. Call to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, MARCH 9, 2004 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRPERSON MARK LUCE, SUPERVISORS

BRAD WAGENKNECHT AND DIANE DILLON. SUPERVISORS BILL DODD AND MIKE RIPPEY WERE EXCUSED. THE MEETING WAS CALLED TO ORDER BY CHAIR LUCE AT 9:00 A.M.

2. Pledge of Allegiance.

MARY JEAN MCLAUGHLIN, PUBLIC INFORMATION OFFICER, LED THE SALUTE TO THE FLAG.

3. Presentations and Commendations.

NONE

4. Public Comment.

HERBERT FORD ANNOUNCED IT WAS NATIONAL ARBOR WEEK AND TALKED ABOUT THE RE-FORESTATION PROGRAM BEING HELD IN ANGWIN DURING THE WEEK. HE STATED HE SUPPORTS THE FORESTRY RULES AND REQUESTED THE STATE GIVE SPECIAL CONSIDERATION TO MAINTAIN THE FORESTS OF NAPA COUNTY.

KEN MANFREE SPOKE REGARDING FORESTRY RULES AND REQUESTED THE BOARD RECONSIDER THEIR PRIOR DECISION REGARDING THE FORESTRY RULES THE COUNTY SENT TO THE STATE BOARD OF FORESTRY.

GEORGE BACHICH SPOKE REGARDING TIMBER HARVEST AND FORESTRY SPECIAL RULES AND STATED THAT DUE TO A SIGNIFICANT CHANGE IN THE SITUATION SINCE THEY WERE SENT TO THE STATE BOARD OF FORESTRY, THE SPECIAL RULES ARE NO LONGER NEEDED. MR. BACHICH STATED HE WELCOMED THE OPPORTUNITY TO DISCUSS THIS ISSUE WITH THE BOARD AT THE MARCH 23, 2004 BOARD MEETING.

GEORGE HENKE SPOKE REGARDING THE 2004 NAPA COUNTY RULES ON TIMBER HARVEST AND STATED THE RULES SHOULD BE WITHDRAWN FROM THE STATE BOARD OF FORESTRY.

DEE COONEY ASKED MEMBERS OF THE AUDIENCE WHO WERE CONCERNED ABOUT THE TIMBER HARVEST RULES TO IDENTIFY THEMSELVES FOR THE BOARD.

5. Department Directors’ Reports and Announcements.

JOHN TUTEUR, ASSESSOR-RECORDER/COUNTY CLERK/REGISTRAR OF VOTERS, REPORTED ON THE MARCH 2, 2004 ELECTION RESULTS. HE STATED 24,000 VOTERS SUCCESSFULLY USED THE ELECTRONIC VOTING MACHINES AND THANKED THE BOARD, POLL WORKERS, VOTERS, AND STAFF FOR THEIR WORK WITH THE ELECTION AND THE NEW ELECTRONIC VOTING MACHINES.

MR. TUTEUR REPORTED THERE ARE STILL 3,000 PAPER BALLOTS TO COUNT, WHICH WILL INCREASE THE PERCENTAGE OF VOTER TURN-OUT OF 52.09%, AND THE FINAL RESULTS OF THAT COUNT WILL BE AVAILABLE SOMETIME NEXT WEEK.

MR. TUTEUR REVIEWED THE PROBLEM WITH THE 90 INCORRECT BALLOTS MAILED TO VOTERS IN DISTRICT 5. HE STATED 90 DEMOCRATIC VOTERS WITH A LAST NAME BEGINNING WITH “S” RECEIVED A BALLOT FOR

DISTRICT 4. HE STATED OF THE 90 INCORRECT BALLOTS RECEIVED,

13 VOTERS CONTACTED THE COUNTY AND RECEIVED THE CORRECT BALLOTS; 8 VOTERS MAILED IN THE WRONG BALLOT WITH EITHER RIPPEY’S OR MOSKOWITE’S NAME WRITTEN IN; 52 VOTERS RETURNED BALLOTS EITHER BLANK OR WITH A VOTE FOR DODD; AND THE REMAINING BALLOTS WERE NEVER RETURNED.

MR. TUTEUR STATED THAT TODAY, BEGINNING AT 1:00 P.M., BALLOTS THAT HAD AN ERROR WHEN RUN THROUGH THE MACHINE ON ELECTION NIGHT WOULD BE RE-COUNTED AND HE EXPECTED TO HAVE UNOFFICIAL RESULTS FOR DISTRICT 5 AVAILABLE BY 5:00 P.M. HE SAID THE FINAL CANVASS WOULD COME BEFORE THE BOARD FOR ACTION ON MARCH 23, 2004. MR. TUTEUR STATED THAT ONCE THE BOARD APPROVED THE RESULTS, THE PERIOD FOR CONTESTING THE ELECTION WOULD BEGIN AND SAID THE COURT WOULD HAVE TO RESOLVE ANY CONTEST THAT MAY BE FILED.

BRUCE HEID, DIRECTOR OF HEALTH AND HUMAN SERVICES, REPORTED ON A HOMELESS OUTREACH SPAGHETTI FEED AND HOUSING RESOURCE FAIR HELD ON FEBRUARY 25, 2004, WHICH 80 TO 100 HOMELESS ATTENDED. MEALS WERE PROVIDED, AND SURVEYS WERE COMPLETED BY THE ATTENDEES TO ASSIST THE COUNTY IN HOW IT CAN IMPROVE SERVICES. IN ADDITION, SLEEPING BAGS, BACK PACKS AND A GRAND PRIZE OF A HOUSING VOUCHER WERE GIVEN AWAY.

MR. HEID REPORTED ON THE WINTER SHELTER AND STATED IT WILL BE OPEN THROUGH MARCH. HE PROVIDED STATISTICS FOR THE NUMBER OF PEOPLE WHO RECEIVED SERVICES FROM THE WINTER SHELTER DURING THE MONTHS OF NOVEMBER AND DECEMBER, 2003.

Consent Calendar

6A. County Fire Chief requests approval of and authorization for the Chair to sign an agreement with the American Canyon Fire Protection District for the provision of automatic aid fire protection services. A-6249

6B. Director of Health and Human Services requests approval of and authorization for the Chair to sign renewals of the following agreements for the term July 1, 2003 through June 30, 2004:

1) Agreement No. 4615 with Bruce Anderson, M.D., for a maximum of $1,500;

A-4615

2) Agreement No. 4628 with C. Richard Hudson, M.D., for a maximum of $500; and

A-4628

3) Agreement No. 4629 with Syed Kazmi, M.D., for a maximum of $5,000.

A-4629

6C. Director of Public Works requests adoption of a resolution designating traffic on Pine Place to yield to traffic on Oak Street. R-04-32

6D. Director of Public Works requests approval of and authorization for the Chair to sign Amendment No. 3 to Agreement No. 4918 with Quincy Engineering, Inc. in the amount of $20,823 for a new maximum of $331,723 for additional civil engineering and environmental consulting services related to the Devlin Road Extension (North) Project. A-4918

(AMEND. 3)

6E. Director of Public Works requests approval of and authorization for the Chair to sign an agreement with EDAW, Inc. for an amount not to exceed $7,300 for the term March 9, 2004 through June 30, 2004 for permitting and environmental consulting services for the Oakville Crossroad Bridge Project. A-6250

6F. Director of Public Works/Aviation requests authorization for the Chair to sign Certificates of Acceptance of Avigation and Hazard Easement Deeds from Eagle Vines Vineyards & Golf Club, LLC. (Assessor’s Parcel Nos. 057-060-007 and 057-070-015)

6G. Director of Public Works/Aviation requests authorization for the Chair to sign a Certificate of Acceptance of an Avigation and Hazard Easement Deed from Jack Barry and Lonna Barry. (Assessor’s Parcel No. 057-060-025)

6H. County Counsel requests approval of and authorization for the Chair to sign an agreement for deferred construction of improvements required as a condition of approval of Use Permit Modification #99066-MOD with Olympus-Calistoga, LLC for the construction of a hydrant that is a condition of development.

ITEM HELD FOR DISCUSSION

APPROVED REQUEST DD-BW-BD-MR-ML A-6251

X X

6I. Human Resources Director requests adoption of a resolution amending the Departmental Allocation List, Table & Index, and appropriate policies in the Public Health Division of the Health and Human Services Agency to delete one (1) Director of Health Services and add

one (1) Public Health Officer, effective March 9, 2004. R-04-33

6J. County Executive Officer requests approval of and authorization for the Chair to sign Amendment No. 2 to Agreement No. 4919 with Watry Design, Inc. increasing the maximum compensation amount from $20,000 to $40,000 to complete preliminary design and cost estimating work related to the development of a parking structure. A-4919

(AMEND. 2)

6K. County Executive Officer requests approval of and authorization for the Chair to sign an agreement with the State of California, Employment Development Department in the amount of $1,017,919 for the term of October 1, 2003 through September 30, 2004 to train 227 licensed nurses through the Nurse Workforce Initiative. A-4910-1

6L. County Executive Officer requests the appointment of Leanne Martinsen to serve on the Workforce Investment Board as a One-Stop Partner representative with the term of office to commence immediately and expire June 30, 2005.

6M. County Executive Officer requests reappointment of the following individuals to serve on the Wildlife Conservation Commission with the term of office to commence immediately and expire February 1, 2007:

Applicants Representing

George Carl Sportsperson - Angler

Georgia Bachmeier Gann Youth

Stephen P. Rae Wildlife - Conservation

6N. Approve minutes of Board of Supervisors’ meeting of February 10, 2004.

7. Discussion of items removed from the Consent Calendar.

SEE ITEM 6H

APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6N, AS NOTATED ABOVE.

BW-DD-BD-MR-ML

X X

Set Matters – Public Hearings

8A. 9:00 A.M. PUBLIC HEARING Consideration and possible action regarding an appeal filed by HCV Napa Associates to a decision by the Conservation, Development and Planning Commission on December 17, 2003 to deny the Montalcino at Napa Valley Use Permit to construct a 408,184 square foot resort hotel and conference facility including: 1) 379 rooms consisting of 358 guest rooms and 21 villa suites; 2) a 52,380 square foot conference facility with a maximum occupancy of 1,000 attendees; 3) two restaurants, a bar, and a deli with a combined seating capacity of 450; 4) a 5,682 square foot special events building; 5) a 15,287 square foot spa and fitness facility; 6) one outdoor swimming pool; 7) four outdoor tennis courts; 8) 1,045 parking spaces; and, 9) widening of Devlin Road to four lanes between Soscol Ferry Road to the southeastern corner of the project site for a distance of approximately 5,800 feet. The project site is on 71.77 acres located west of Devlin Road approximately 1,950 feet north of the intersection of Devlin Road and Airport Boulevard within the IP:AC (Industrial Park: Airport Compatibility Combination) Zoning District. (Assessor’s Parcel Nos: 057-020-006, 057-020-017, 057-020-018,

057-020-020 & 057-210-002) ENVIRONMENTAL DETERMINATION: Revised Final Environmental Impact Report prepared.

(CONTINUED FROM FEBRUARY 10, 2004; STAFF REQUESTS CONTINUANCE TO

MARCH 16, 2004 AT 2:30 P.M.)

PUBLIC HEARING CONTINUED TO MARCH 16, 2004 AT 2:30 P.M.

DD-BW-BD-MR-ML

X X

8B. 10:00 A.M. PUBLIC HEARING Consideration and possible action regarding an appeal filed by Reginald B. Oliver to a decision made by the Conservation, Development and Planning Department (the “Department”) on November 3, 2003 approving a Viewshed Protection Program request No. 03339-VIEW for John Nichols replacing an existing 2,528 sq. ft. house with a new 4,000 sq. ft. house and a separate 2,490 sq. ft. garage. The project is located on a parcel totaling 3.37 acres located on the east side of Silverado Trail, near its intersection with Bale Lane in an Agricultural Watershed (AW) Zoning District. (Assessor’s Parcel No. 021-030-025)

APPLICANT REQUESTED CONTINUANCE TO MARCH 23, 2004 AT 2:30 P.M.

PUBLIC HEARING CONTINUED TO MARCH 23, 2004 AT 2:30 P.M.

DD-BW-BD-MR-ML

X X

9. Administrative Items.

NONE

10. Legislative Items.

NONE

11. Board of Supervisors’ Committee Reports and Announcements.

NONE

12. Board of Supervisors’ Future Agenda Items.

SUPERVISOR LUCE REQUESTED THE ITEM OF THE FORESTRY RULES BE AGENDIZED FOR THE MARCH 23, 2004 MEETING.

SUPERVISOR DILLON STATED SHE WAS UNCERTAIN THAT SHE WOULD BE IN FAVOR OF CHANGING THE RULES THAT WERE PREVIOUSLY SUBMITTED, AND QUESTIONED WHETHER THE BOARD WAS EVEN ABLE TO MAKE CHANGES AT THIS TIME.

ROBERT WESTMEYER, COUNTY COUNSEL, RESPONDED THE BOARD WOULD BE ABLE TO RECONSIDER THEIR POSITION OR REVISE THE RULES SHOULD THEY SO CHOOSE. MR. WESTMEYER REMINDED THE BOARD THAT IT WOULD REQUIRE A UNANIMOUS VOTE TO RECONSIDER THIS ITEM, AS ONLY THREE SUPERVISORS WERE IN ATTENDANCE.

A MOTION TO CALL A SPECIAL MEETING ON APRIL 6, 2004 AT 8:00 A.M. TO RECONSIDER THIS ITEM WAS APPROVED.

BW-DD-BD-MR-ML

X X

SUPERVISOR LUCE REQUESTED THE BALLOON ISSUE BE AGENDIZED FOR THE BOARD TO PROVIDE DIRECTION TO STAFF ON THE POTENTIAL USE OF THE NORTHERN END OF THE PUBLIC WORKS CORPORATION YARD FOR BALLOON LAUNCHING.

13. County Executive Officer Reports and Announcements.

NONE

14. Closed Session.

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

(Government Code Section 54956.9 (a))

Name of case: Jorge Deharo, Hector Olvera, Latinos Unidos de Napa, an Unincorporated

Association v. County of Napa et. al. (Case No. 26-22255)

CLOSED SESSION NOT HELD

B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: (One case)

CLOSED SESSION NOT HELD

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

MARCH 16, 2004 AT 9:00 A.M.

_____________________________________

MARK LUCE, Chairperson

ATTEST: _____________________________________

PAMELA MILLER, Clerk of the Board

KEY

Vote: ML = Mark Luce; DD = Diane Dillon; BD = Bill Dodd; MR = Mike Rippey; BW = Brad Wagenknecht

The maker of the motion and second are reflected respectively in the order of the recorded vote.

Notations under Vote: N = No; X = Excused; A = Abstain